Sentences with phrase «express provision»

The tier 2 remedies are more like conventional damages but make express provision for distress and inconvenience.

Similarly, there is no statutory right to take time off work for sickness, although most employment contracts include express provision for sick leave.

Some of these situations are likely to be covered by express provisions of the outsourcing agreement, e.g. outsourcing agreements normally provide that it is not a breach of the confidentiality obligations for a party to disclose confidential information to the extent required by applicable law.

«Never mind that the NPA which is the industry regulator was unambiguous when it indicted the man for doing business with companies (Movenpinaa and Zup Oil) on the basis of express provisions in their governing law, because they were not licensed to carry out such activity.»

«No foresight can anticipate nor any document of reasonable length contain express provisions for all possible questions.»

In the meantime, estate agents would be well advised to consider making express provision in their agreements limiting the time for recovering commission (to six months, for example) and also providing further definition to the meaning of «introduction».

This obligation would apply to Member States authorities when their decisions came «within the scope of European Union law», even if the EU legislation at issue did not contain express provisions on the subject (para 38).

Rule 5 - 3 does have clear and express provisions respecting experts: Rule 5 - 3 (1)(k) permits the Court to direct the appointment of joint experts, to order that they consult, to limit the number of experts, to set dates for service of experts» report (i.e. other than those set by Rules 11 - 6 (3) and (4)-RRB-, or to direct what issues upon which they may be called.

There are several special travel offers other than the usual American Express provisions; for instance, Platinum membership provides membership to the Airport Lounge Access Program.

Indeed, the inclusion of express provisions in the shareholder agreement will serve to remind counsel of the need to obtain appropriate releases during the initial hurly - burly of the buy - sell transaction.

Therefore, as a general principle, rent is not recoverable after the lease is terminated early whether by forfeiture, surrender or exercise of a break clause if the lease provides that it must be paid in advance and does not make express provision for apportionment.

If such a power was open - ended, not coloured and confined by moderate procedural sanctions for breach, it was likely to be regarded by the courts as an attempt to infringe privilege as such; and that would be unlawful unless strictly authorised by express provision or necessary implication in primary legislation.

The Convention focuses on discrimination against women, and does not have express provisions on violence.

While the bill contains no express provisions to deal with this issue, in bringing this bill forward the government has made it clear that, if the government believes the ACCC's interpretation is valid but this proves not to be the case, and if the ACCC's powers do not extend to considering the acquisition of greenfield sites, the government will act to clarify the law.

«By the express provision of Section 131 of the 1999 constitution as amended, the incumbent President is eminently qualified to seek election as a candidate in the forthcoming election because essentially, the provision raises some benchmarks that must exist for you to be qualified to contest.

«If DFS's factual findings are correct, Bonomo violated the express provisions of his non-prosecution agreement with the government by concealing his past crimes against PRI and, in all likelihood, continuing to commit serious crimes even after he signed that agreement,» the Skeloses» attorneys wrote in their memorandum.

If your student loan does not have an express provision, that does not mean all hope is lost.

His most telling point seems to be in drawing a distinction between: 1) cases in which a ne exeat right is an express provision in a custody order; and 2) cases in which a foreign statute provides that a non-custodial parent's mere right of visitation automatically triggers a restriction on international travel.

An express provision would at least confirm the legal basis for an internal review or an application to reconsider, without requiring the Court of Queen's Bench to try to piece something together as Master Robertson has done in this case.

The Family Law Act provides that a court may set aside a provision for support or a waiver of the right to support in a marriage contract and may determine and order support even though the contract contains an express provision excluding the application of this section:

As the legislative requirements set minimum standards only, substantially greater notice periods may be expressly set out in the employment contract or, in the absence of an express provision, an obligation to provide «reasonable notice» will be implied by the courts.

Maybe an express provision allowing the RTDRS to reconsider a matter would not simply become another barrier in tenants» attempts to access justice — another step they have to take before they can get relief from the Court of Queen's Bench.

We have included an express provision that if parties agree to use the SIAC Rules then they would be deemed to have agreed to the expedited procedure, including the sole arbitrator over a say three member tribunal.

If the registered proprietor refuses to do what is right, the Court has full power direct the register to be rectified in such manner as it thinks just... I can not doubt that the sections above referred to suffice to enable the court, in all cases for which no express provision is made... to cause the register of proprietors be rectified, so as to confer the statutory benefits of registration upon any person who, in the opinion of the Court, is entitled to claim those benefits.

With respect those doubts are justified; failing to perform can not properly be deemed / treated as refusing to do so merely because a notice — for which the contract made no express provision — has been served.

If it be urged that there is no express provision enabling a person claiming under or through an unregistered conveyance to procure himself to be registered as proprietor, I think the answer is supplied by ss.

One Ontario section that makes «express provision» for the register to be changed to bring it into line with reality is section 75 (amendment of register).

It noted that unlike discrimination claims, there is no express provision for injury to feelings compensation under the WTR 1998.

Although arguing Civil Code section 1717 did not allow for such an award, homeowner ignored the fact that the settlement agreement had an express provision allowing for post-judgment enforcement fee recovery based on the judgment entered as a result of the settlement.

Finding no express provision for payment of attorney's fees or costs, the court completely rejected plaintiff's arguments for relief.

In the absence of express provisions, what powers do registration committees have, or are likely to have, to investigate fitness matters, to seek information and obtain documents from non-parties and patients, to make interim agreements during the registration process, to demand fitness assessments during the registration process or set other conditions before completion of the application process, or to otherwise control fitness hearing processes?

To our knowledge, there is no express provision anywhere so that a substantial, further amount of work will be requested; nevertheless, we must consider the cost of updating the examiners» software which is often is the main cause for these mistakes.

The lease contained an express provision that smoking in the unit was not permitted, as well as a covenant that the tenants would abide by the rules of the condominium corporation.

The challenge therefore is to strike the correct balance between the offence of harassment and freedom of expression: the PHA makes no express provision about either Article 10 or the law of defamation.

The Supreme Court has recently confirmed in Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood that in the absence of any express provision in an employment contract, written notice of termination from an employer does not take effect until the employee has read it, or had a reasonable opportunity of doing so...

Lastly, the Court held that the interpretation of the EU freedom of establishment could not be transferred to the AFMP presently because Switzerland had not joined the internal market, so that no automatic analogous interpretation of the AFMP could take place unless there were express provisions to that effect, which was not the case (para 29).

[54] A court may impute income to a spouse for the purposes of determining spousal support; although no express provision in the Divorce Act sets out how this is to be done, courts apply the same methodology as is used under the Federal Child Support Guidelines, SOR / 97 -179.

There is usually an express provision in a release indicating that such a settlement is: «a compromise of a disputed claim and that the payment is not to be construed as an admission on the part of the party or parties hereby.»